General Information

The Minnesota Statute 43A.183 and the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) outline the protections afforded to reservists called into active duty. These rights dictate that it is unlawful for the state to deny initial employment, reemployment, promotion, or any benefit of employment to a person who is obligated to perform in a uniformed service.

If a reservist employed by the State of Minnesota is activated by order of the federal government, that person is required to notify the state, orally or in writing. Valid orders can come in many forms, including written or oral orders issued by a military authority, and therefore the state must accept oral notification that an employee has been activated. The state does not have a "right of refusal" for military leave of absence, except in extreme cases.

Also, employees aren't responsible for finding a replacement, or altering the work schedule - that's the state's responsibility.

Before your active duty starts, you must provide your agency with the name and contact information of your designated power of attorney to act on your behalf in your absence. This individual will receive for you any communications related to state employment. You can use the Statutory Short Form Power of Attorney to create a power of attorney.

Employees eligible for a salary differential payment as discussed above must submit all military pay advices to their employer and can do this through the individual acting as their power of attorney.

Automatic pay increases are granted on the same time schedule regardless of military leave status.

If you are not serving a probationary period, your state and class seniority, as well as eligibility for vacation and sick time accruals, continue to increase regardless of the type of military leave granted. You will suffer no penalties in these areas because of military leaves.

If you are serving a probationary period and are going to be out on a military leave longer than 10 days, your agency can extend your probationary period to account for the time away from work. However, once you pass the probationary period, your agency will retroactively adjust for delayed pay increases to account for any losses due to your time on military leave status.